Systech International Ltd v PC Harrington Contractors Ltd [2011] EWHC 2722 (TCC), [2011] All ER (D) 240 (Oct)
Queen’s Bench Division, Technology and Construction Court, Akenhead J, 27 Oct 2011
Honest and unwitting breaches of the rules of natural justice by an adjudicator do not constitute a total failure of consideration disentitling him to his fee.
Dominique Rawley (instructed by Systech Solicitors) for S Ltd. James Bowling (instructed by Speechly Bircham LLP) for H Ltd.
A dispute arose between H Ltd, a contractor engaged to carry out construction work, and T Ltd, a company employed by it to carry out three separate sub-contracts. Both sides agreed to appoint an adjudicator. The adjudicator was employed by S Ltd. In February 2011, the adjudicator issued his decision on all the issues between the parties (the decision) and ordered that his fees were to be paid by H Ltd. H Ltd brought proceedings under CPR Pt 8, seeking a declaration that the decision was not enforceable owing to breaches of natural justice on the part of the adjudicator. It contended that the adjudicator had failed to address
